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34 U.S.C. § 12110 — Payments to eligible States for incarceration of criminal aliens

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12110 — Payments to eligible States for incarceration of criminal aliens

**(a) In general** The Attorney General shall make a payment to each State which is eligible under section 1252(j) 11 See References in Text note below. of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section. **(b) Authorization of appropriations** Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under [section 12108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12108&num=0&edition=prelim), an amount which when added to amounts appropriated to carry out section 1252(j) 1 of title 8 for fiscal year 1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000. **(c) Administration** The amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section. **(d) Report to Congress** Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.

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Source file: Laws/federal/codes/united-states-code/title-34/section-12110-payments-to-eligible-states-for-incarceration-of-criminal-aliens--2ef35c3da3.md
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Source location: Title 34, Chapter 121, § 12110; chapter-121-violent-crime-control-and-law-enforcement.md

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**(a) In general** The Attorney General shall make a payment to each State which is eligible under section 1252(j) 11 See References in Text note below. of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section. **(b) Authorization of appropriations** Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under [section 12108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12108&num=0&edition=prelim), an amount which when added to amounts appropriated to carry out section 1252(j) 1 of title 8 for fiscal year 1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000. **(c) Administration** The amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section. **(d) Report to Congress** Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12108 — Authorization of appropriations

**(a) In general** (1) **Authorizations** — There are authorized to be appropriated to carry out this part— (A) $997,500,000 for fiscal year 1996; (B) $1,330,000,000 for fiscal year 1997; (C) $2,527,000,000 for fiscal year 1998; (D) $2,660,000,000 for fiscal year 1999; and (E) $2,753,100,000 for fiscal year 2000. (2) **Distribution** (A) *In general* — Of the amounts remaining after the allocation of funds for the purposes set forth under sections 12110, 12111, and 12109 of this title, the Attorney General shall, from amounts authorized to be appropriated under paragraph (1) for each fiscal year, distribute 50 percent for incarceration grants under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim), and 50 percent for incentive grants under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim). (B) *Distribution of minimum amounts* — The Attorney General shall distribute minimum amounts allocated for [section 12103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/a&num=0&edition=prelim) to an eligible State not later than 30 days after receiving an application that demonstrates that such State qualifies for a Violent Offender Incarceration grant under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim) or a Truth-in-Sentencing Incentive grant under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim). **(b) Limitations on funds** (1) **Uses of funds** — Except as provided in

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13710 — Transferred

### Statutory Notes #### Codification Section 13710 was editorially reclassified as [section 12110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12110&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12110 — Payments to eligible States for incarcer-

Page 315 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12113 1 See References in Text note below. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 20109 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, authorized appropriations prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 244(a), added sub- sec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘Notwithstanding any other provision of this part other than section 13708(a)(2) of this title, from amounts appropriated to carry out sections 13703 and 13704 of this title, the At- torney General shall reserve, to carry out this sec- tion— ‘‘(1) 0.3 percent in each of fiscal years 1996 and 1997; and ‘‘(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.’’ Subsec. (b). Pub. L. 111–211, § 244(b)(1), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘From the amounts re- served under subsection (a) of this section, the Attor- ney General may make grants to Indian tribes for the purposes of constructing jails on tribal lands for the in- carceration of offenders subject to tribal jurisdiction.’’ Subsec. (c). Pub. L. 111–211, § 244(b)(2), inserted ‘‘or consortium of Indian tribes, as applicable,’’ after ‘‘In- dian tribe’’. Subsec. (d). Pub. L. 111–211, § 244(b)(3), added subsec. (d). § 12110. Payments to eligible States for incarcer- ation of criminal aliens (a) In general The Attorney General shall make a payment to each State which is eligible under section 1252(j) 1 of ti

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